ELR Citation: ELR 20423
No(s). 71-639-Civ-TC (S.D. Fla. Sep 8, 1971)

Complaint by Detergent Association and several leading detergent manufacturers seeking preliminary injunction against Dade County ordinance banning sale of phosphate detergents in county after January 1, 1972, and requiring labelling of detergents according to percentage weight of each ingredient on grounds that ordinance constitutes illegal regulation of interstate commerce, denied. Where these is conflicting testimony as to the public health, safety, or welfare purpose behind a state or local statute and the only burden on interstate commerce is increased cost to businessmen in interstate commerce, the legislative determination, buttressed by a presumption of correctness, should be upheld. Here, where phosphate limitation was designed to postpone eutrophication of county waters and eliminate threat of "Red Tide" disease in Biscayne Bay, and purpose of labelling requirement was to enable doctors to treat quickly those who had accidentally consumed detergent, the action of the Board of County Commissioners stands out as a major response to the citizens' overriding concern with environmental pollution and court will not inhibit such a movement.

Counsel for Plaintiffs:
Pierson, Ball & Dowd
The Ring Building
Washington, DC 20036
(202) FE8-2566

Smathers & Thompson
1301 Alfred I. Du Pont Building
Miami, FL 33131
(305) 379-6523

Counsel for Board of County Commissioners:
Stuart Simon County Attorney
Allen T. Dimond Assistant County Attorney
1626 Dade County Courthouse
Miami, FL 33130
(305) 377-5351